How to sue if you create intellectual material for a company, specific designs & they do not pay you as a independ. contractor?
Company is using my artwork on Internet sites, used artwork without signing a release on Twitter account, hired someone at 10 times my salary to replace my services , company plans to sell my designs that I was not compensated for to sell product next year, and this year and make 100's of thousands of dollars. Owners refuse to contact me. I have been working for company making them money for 8 months as a independent contractor, worried this will cause harm to my professional reputation in the new future. Twenty two years in this industry.
If you did not complete the artwork under a contract stating it was a "work made for hire" then you may have a claim. Also, if there was such a contract, their non-payment may mean they are in breach of that contract and that you retain ownership of your intellectual property. It is unclear what your role with the Company was and what kind of contract you were under. You need to provide additional details. Seems like you may have an interesting case. You may want to register copyrights with the USCO as well. If you have a registered copyright, a Copyright Infringement lawsuit which allows for potential statutory damages for each instance of infringement may be much stronger.
There are various issues here. Certainly you would need to start with the contract signed (if there is one) or the agreement you entered with them. Feel free to contact my office. Best
This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given... more
This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the undisclosed individual asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of New York. Responses are based solely on New York Law unless stated otherwise. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
Agree that you need to consult with an attorney and have the facts and your contract (if any) reviewed to determine if it is a "work for hire" or not and if you have a copyright or other possible claim. What suggests to me that you may be ready for litigation is that the owner refuses to communicate with you (jerk?!). Simply hiring a lawyer to do this communicating may help as it sends the message "I will not be pushed around and am willing to pay to protect my rights."
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The devil is in the detail in situations such as this. The first step is to understand with more precision your relationship with this company (employee, independent contractor, something else?). Second, it is necessary to determine who owns the copyrights in the artwork. If you created it, and if there was no written agreement to the contrary, the presumption is that you own the copyright. But if you created it as part of your work for the company as an employee or independent contractor, the company may properly claim to own the copyright and/or at the very least to enjoy the benefit of an implied license. If the real problem here is that you are unhappy with the amount you were paid for the artwork, you may not have a very good case because this may have resulted from failure to negotiate carefully the terms and conditions of your relationship with this company. You cannot extract more money in hindsight just because the work that you did turns out to be worth a lot more than you were paid. Also, I am having difficulty understanding how this could harm your professional reputation---if you created great designs and licensed them to this company, that would seem to enhance your reputation.
Unfortunately, in a situation like this there is no substitute for retaining and working with counsel to protect your interests. A consultation with legal counsel will be worth its weight in gold.
If all you say is true you might have a decent case. I suspect there is another side to this story and there is surely an agreement relating to this that needs to be reviewed. "Salary" implies you were an employee, in which case this may be their artwork not yours. "independent contractor" implies you were not an employee, in which case you might still own the artwork. The company may have an implied license, or may not. You may have entered into a bad deal financially, but that is not a basis to jump the compensation. You should see a business attorney with copyright expertise or a copyright attorney with business expertise, and it would be best for it to be one licensed in NYC. I think you should call Maurice Ross (find him under the Find A Laweyer tab) as this is right down his area of expertise.
I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is... more
I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.